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NORTH CAROLINA 
TRADEMARK LAW 

(Chapter 77, Consolidated Statutes) 



ART. 1. TRADEMARKS. 

3971. Adoption and filing for registry. — It shall be lawful for any per- 
son to adopt for his protection and file for registry, as in this chapter 
j^vided, any label, trademark, term or design that has been used or is 
jMended to be used for the purpose of designating, making known or dis- 
tinguishing any goods, wares, merchandise or products of labor that have 
been or may be wholly or partly made, manufactured, produced, prepared, 
packed or put on sale by any such person, or to or upon which any work or 
labor has been applied or expended by any such person, or by any member 
of any corporation that has adopted and filed for registry any such label, 
trademark, term or design as aforesaid, or announcing or indicating that 
the same have been made in whole or in part by any such person or cor- 
poration, or by any member thereof. 

3972. Property rights protected by filing for registry. — Whenever any 
person shall adopt and file for registry any label, trademark, term or 
design pursuant to the provisions of this chapter, the property, privileges, 
rights, remedies and interests in and to any such label, trademark, term or 
design, and in and to the use of same, provided or given by this chapter to, 
or otherwise conferred upon or enjoyed by, the person filing the same for 
the registry, shall be fully and completely secured, preserved and protected 
as the property of those entitled to the same before any such label, trade- 
mark, term or design has been actually applied to any goods, wares, mer- 
chandise, or product of labor, and put upon the market for sale or 
otherwise, and before any use or appropriation of any such label, trade- 
mark, term or design has been made in connection with any such goods, 
wares, merchandise or product of labor, as well as after the same has been 
used or applied to designate, make known or distinguish any such goods, 
wares, merchandise, or product of labor and they have been put upon the 
market. 

3973. Filing to be with secretary of state; contents of affidavits; fees. 

— Any person who has heretofore adopted and used, or shall hereafter 
adopt and use any label, trademark, term or design, as in this chapter 
provided, may file the same for registry in the office of the secretary of 
state, by leaving two copies, facsimiles or counterparts thereof, with the 
said secretary, and filing therewith a statement in the form of an affidavit, 
subscribed and sworn to by any such person, or by any officer, agent or 
attorney, if a corporation, specifying the person by whom any such label, 
trademark, term or design is filed, and the class or character of the goods, 
wares, merchandise or products of labor to which the same has been or is 
intended to be appropriated or applied, and that the person so filing the 
same has the right to the use of the said label, trade-mark, term or design, 






and that no other person, firm or corporation has the right to such use, 
either in the identical form or in any such near resemblance thereto as 
may be calculated to deceive, without the permission or authority of the 
person filing the same, and that the copies, facsimiles or counterparts 
filed therewith are true and correct copies, facsimiles or counterparts of 
the genuine label, trademark, term or design of the person filing the same; 
and there shall be paid for such registry a fee of five dollars to the sec- 
retary of state for the use of the state-, and the same recording fees re- 
quired by law for recording certificate of organization of corporations. 

(Registry and recording fees for each trademark, $7.10.) 

3974. Registration; certified copies evidence; fees. — The Secretary of 
State, upon the filing of any such label, trademark, term or design that is 
not in confiict with section 3976, shall register the same, and shall deliver 
to the person filing the same as many certified copies thereof, with his 
certificate of such registry, as any such person may request, and for every 
such copy and certificate there shall be paid to the secretary of state, for 
the use of the state, a fee of one dollar; and any such certified copy and 
certificate shall be admissible in evidence and competent and sufficient 
proof of the adoption, filing and registry of any such label, trademark, 
term or design, by any such person in any action or judicial proceeding in 
any of the courts of this state, and of due compliance with the provisions 
of this chapter. 

3975. Transfer of trademarks. — The right to use any registered label, 
trademark, term or design shall be granted only by an instrument in writ- 
ing, duly filed in the office of the secretary of state. The fees for recording 
or filing such transfer and issuing copies thereof shall be the same as for 
filing such label, trademark, term or design. 

3976. Similar trademarks refused registration. — It shall not be lawful 
for the secretary of state to register for any person any label, trademark, 
term or design that is in the identical form of any other label, trademark, 
term or design theretofore filed by any other person, or that bears any 
such near resemblance thereto as may be calculated to deceive, or that 
would be liable to be mistaken therefor. 

3977. Fraudulent registration; penalty. — Any person who shall file or 
procure the filing and registry of any label, trademark, term or design in 
the office of the secretary of state under the provisions of this chapter, by 
making any false or fraudulent representations or declarations, with fraud- 
ulent intent, shall be liable to pay any damages sustained in consequence 
of any such registry, to be recovered by or in behalf of the party injured 
thereby. 

3978. Use of counterfeit trademarks unlawful. — Whenever any person 
has adopted and filed for registry any label, trademark, term or design, as 
provided by law, and the same shall have been registered pursuant to law, 
it shall be unlawful for any other person to manufacture, use, sell, offer for 
sale, or in any way utter or circulate any counterfeit or imitation of any 
such label, trademark, term or design, or have in possession, with the 
intent that the same shall be sold or disposed of, any goods, wares, mer- 
chandise, or product of labor to which or on which any counterfeit or 
imitation of any such label, trademark, term or design is attached, affixed, 



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LIBRARY.OP CONGRESS 

IVlARa'7 1937 

DIVISION OF DOCUMENTS 



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. printed, stamped, impressed or displayed, or to sell or dispose of, or offer 

Q^ to sell or dispose of, or have in possession with intent that the same shall 

r^ be sold or disposed of, any goods, wares, merchandise, or product of labor 

<^ contained in any box, case, can or package to which or on which any such 

' counterfeit or imitation is attached, affixed, printed, stamped, impressed 

Q or displayed. 

^ 3979. Unauthorized use unlawful; use under license. — Wherever any 

person has adopted and registered any label, trademark, term or design, 
as provided by law, it shall be unlawful for any other person to make any 
use, sale, offer for sale or display of the genuine label, trademark, term or 
design of any such person filing the same, or to have any such genuine 
label, trademark, term or design in possession with intent that the same 
shall be used, sold, offered for sale, or displayed, or that the same shall be 
applied, attached or displayed in any manner whatever to or on any goods, 
wares or merchandise, or to sell, offer to sell, or dispose of, or have in 
possession with intent that the same shall be sold or disposed of, any 
goods, wares or merchandise in any box, case, can or package to or on 
which any such genuine label, trademark, term or design of any such 
person is attached, affixed, or displayed, or to make any use whatever of 
any such genuine label, trademark, term or design, without first obtaining 
in every such case the license of the person adopting, filing and registering 
the same; and any such license may be revoked and terminated at any time 
upon notice, and thereafter any use thereof shall be unlawful. 

3980. Remedies; damages; profits; destruction of counterfeits. — Any 

person who has registered any label, trademark, term or design under the 
provisions of this chapter shall have a right of action against any person 
for the unauthorized use of such label, trademark, term or design, and the 
courts shall by appropriate remedies prevent the unauthorized or unlawful 
use, manufacture or display of any label, trademark, term or design, or 
the imitation or counterfeit thereof, or the sale, disposal or display of any 
articles of property on which any counterfeit or imitation of any registered 
label, trademark, term or design, or on which any genuine label, trade- 
mark, term or design may be used or displayed without proper authority; 
and shall further secure and protect all persons in all rights of property 
and interest which they may have in any label, trademark, term or design 
registered under this chapter; and the court shall award to the plaintiff 
any and all damages resulting from any such wrongful use of any such 
label, trademark, term or design; and any counterfeit' or imitation of any 
labels, trademarks, terms or designs, and any die, engraving, mould or 
mechanical device or the manufacture of the same in the possession or 
under the control of the defendant, shall be delivered up to an officer of 
the court, to be destroyed, and any such genuine labels, trademarks, terms 
or designs in the possession or under the control of any such defendant 
shall be delivered to the plaintiff. 

3981. Concurrent action for penalty. — In addition to any other rights, 
remedies or penalties provided by this chapter, and as concurrent there- 
with, any person who shall violate any of the provisions of this chapter 
shall be liable to a penalty of two hundred dollars, to be recovered by any 
person who has filed any such label, trademark, term or design. 

3982. Use of private marks or labels to defraud, misdemeanor. — If any 

person shall knowingly and willfully forge or counterfeit, or cause or pro- 



cure to be forged or counterfeited, the private mark, tokens, stamps or 
labels of any mechanic, manufacturer or other person, being a resident of 
the United States, with intent to deceive and defraud the purchasers, me- 
chanics, or manufacturers of any goods, wares or merchandise whatsoever, 
upon conviction thereof he shall be punished by a fine of not less than fifty 
dollars and not exceeding one thousand dollars, or by imprisonment of not 
less than thirty days or more than five years, or both fine and imprison- 
ment, at the discretion of the court. 

3983. Selling goods with forged marks or labels, misdemeanor. — If any 

person shall vend any goods, wares or merchandise having thereon any 
forged or counterfeited marks, tokens, stamps or labels purporting to be the 
marks, tokens, stamps or labels of any person being a resident of the 
United States, knowing the same at the time of the purchase thereof by 
him to be forged or counterfeited, he shall be guilty of a misdemeanor, and 
punished by imprisonment in the county jail not exceeding six months, or 
by a fine not exceeding one hundred dollars, or by both fine and imprison- 
ment, at the discretion of the court. 

3984. Misbranding sacks to defraud, misdemeanor. — If any person 
shall knowingly use the mark or brand of any other person on any sack, 
or shall knowingly impress on any sack the mark or brand of another per- 
son, with intent to defraud or for the purpose of enhancing the value of 
his own property, the person so offending shall be guilty of a misdemeanor, 
and punished as if convicted of larceny. 



LIBRARY OF CONGRESS 



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